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2020 DIGILAW 274 (AP)

Devi dwcra group makanapalem v. State Of Andhra Pradesh

2020-03-25

M.SATYANARAYANA MURTHY

body2020
ORDER : 1. This petition is filed under Article 226 of the Constitution of India, seeking the following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the action of the 2nd respondent District Collector in passing order vide reference no.VII/CS/220/2020, dated 08.05.2020 in appointing the 5th respondent as a temporary dealer for fair price shop no.24 of Makenapalem Village, Mamidikuduru Mandal, East Godavari District which is being run by the petitioner, as illegal, arbitrary and violative of the provisions of the Andhra Pradesh Scheduled Commodities Control Order, 2008 and set aside the same and consequently direct the respondents to renew or authorize its license to the petitioner to continue to run said fair price shop in Makenapalem Village, Mamidikuduru Mandal, East Godavari District in the interest of natural justice and pass such other or orders”. 2. The Devi Mahila Sakthi Sangam, Makenapalem headed by its president by name Ch.Vijaya Lakshmi was granted license for fair price shop for distribution of Essential Commodities in Makenapalem Village, Mamidikuduru Mandal, East Godavari District vide proceedings no.B/3/2000, dated 26.06.2000 under license number 24/2000 under the Andhra Pradesh Scheduled Commodities Dealers (License and Distribution Orders), 1982 by the 3rd respondent. 3. Subsequently, the name of said Devi Mahila Shakthi Sangam was changed to Devi Dwacra Group in view of the establishment of Dwacra group under the then Government policy. The said Devi Mahila Shakthi Sangam and petitioner Dwacra group is one and the same and there is no dispute with regard to the identity of the same. From the date of issuance of license, the petitioner is running her fair price shop as per rules and regulations and the said license was renewed by the authorities from time to time. 4. The petitioner has been running the fair price shop represented by the then President and the license of the said fair price shop was renewed till 31.03.2019 by the 3rd respondent vide proceedings No.A/1542/2017, dated 01.05.2017. 5. While so, the then the President of the petitioner namely Ch.Vijaya Lakshmi died on 21.07.2019 and subsequently one Geetanjali was elected as new President of the Dwacra Group/petitioner’s society. The petitioner being newly elected President submitted an application for renewal of license for the said fair price shop to the concerned authorities. 5. While so, the then the President of the petitioner namely Ch.Vijaya Lakshmi died on 21.07.2019 and subsequently one Geetanjali was elected as new President of the Dwacra Group/petitioner’s society. The petitioner being newly elected President submitted an application for renewal of license for the said fair price shop to the concerned authorities. Without giving permission for renewal of application, the shop was entrusted to the 5th respondent as a temporary dealer and the same is now questioned by the petitioner, on the ground that no notice was given to the petitioner before appointing a temporary dealer and that no notification was issued for appointing permanent dealer for the shop, thereby the procedure adopted by the respondents in appointing the 5th respondent as a temporary dealer is illegal, arbitrary and violation of principles of natural justice and requested to issue a direction as claimed in the writ petition. 6. Whereas, learned Government Pleader for Civil supplies filed no counter but advanced his argument. 7. During hearing, learned counsel for the petitioner reiterated the contentions mainly demonstrating that no notice in compliance of principles of natural justice was issued to the petitioner. The President of Dwacra Group/ the petitioner’s society died and in view of election of this petitioner as a President for the Dwacra Group/petitioner’s Society, she is entitled to get authorization renewed but during pendency of authorization renewal application, appointing the 5th respondent as temporary dealer without issuing any notice to the petitioner is illegal and arbitrary and requested to issue a direction as claimed by the petitioner. 8. Whereas, learned Assistant Government Pleader for Civil supplies, Mr.G.Raju, would contend that, in view of the Circular dated 27.04.2018, in case of Dwacra women, there is no nominee if she leaves or died and it will be notified as fresh one and there is no nominee for any incharge dealer. 9. In view of the Circular, the petitioner is not entitled to claim any relief in this petition as the petitioner has no subsisting right to continue the fair price shop being fresh elected member of Dwacra Group/petitioner’s society and requested to dismiss the petition. 10. 9. In view of the Circular, the petitioner is not entitled to claim any relief in this petition as the petitioner has no subsisting right to continue the fair price shop being fresh elected member of Dwacra Group/petitioner’s society and requested to dismiss the petition. 10. On perusal of the material available on record, it is clear that the authorization was issued to Ch.Vijaya Lakshmi to distribute essential commodities in Makenapalem Village, Mamidikuduru Mandal, East Godavari District and it is in the name of Devi Mahila Shakthi Sangam vide license proceedings No.B/3/2000, dated 26.06.2000 under license No.24/2000 under the Andhra Pradesh Schedule Commodities Dealers (License and Distribution) Orders, 1982. 11. The President of the Petitioner’s Society died during subsisting of authorization and thereafter this petitioner, Geetanjali, was elected as President of the Dwacra Group and she submitted a fresh application for issue of authorization dated 30.09.2019. But whereas the 5th respondent was appointed as temporary dealer on 08.05.2020 vide reference No.VII/CS/220/2020. But as per the Circular dated 27.04.2018, issued by the Commissioner of Civil Supplies, in case of Dwacra women, there is no nominee if she leaves or died and it will be notified as fresh one and there is no nominee for any incharge dealer. As such, after death of the original President Ch.Vijaya Lakshmi, the authorization is leased to operate and it shall be treated as a fresh authorization and the present petitioner is not entitled to claim renewal of authorization on application, unless the shop is notified afresh for appointment of a dealer. 12. The State Government issued Revised Guidelines for Selection and appointment for Fair Price Shop Dealers under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 vide G.O.Ms.No.32, dated 03.12.2018: “vii. When the authorization of a Fair Price Shop dealer/NR is suspended/cancelled or where a F.P.Shop falls vacant, to ensure uninterrupted supply of essential commodities, the cardholders may be requested to draw their commodities from any of the nearby FP Shop. viii. When the authorization of a Fair Price Shop dealer/NR is suspended/cancelled or where a F.P.Shop falls vacant, to ensure uninterrupted supply of essential commodities, the cardholders may be requested to draw their commodities from any of the nearby FP Shop. viii. However, if it is not feasible to distribute commodities under portability from the neighboring F.P.Shop for want of a shop in the same village or for any other reasons, the work of such F.P.Shop may be entrusted to any institution indicated in the NFS Act, 2013 purely on temporary basis in order to ensure that there is no hardship to the cardholders in drawing the essential commodities as per their entitlement clearly indicating that such entrustment of distribution on a temporary basis upto three months only shall not confer any right at the time of filling up of the vacancy on a regular basis.” 13. As per Clause XII of sub-clause vii and viii of Revised Guidelines, when the authorization of Fair Price Shop is suspended/cancelled or when the fair price shops are taken to ensure uninterrupted supply of essential commodities the cardholders may be requested to draw their commodities from any of the nearby fair price shop. However, if it is not feasible to distribute the commodities under portability from the neighboring fair price shop for want of shop or for any other reason, the work of such fair price shop in small village may be entrusted to any execution indicated in National Food Security Act, 2013, purely on temporary basis in order to ensure that there is no hardship to the cardholders in drawing essential commodities as per their entitlement merely indicating that such entrustment of right at the time of filling of the vacancy. Entrustment of distribution on temporary basis is up to three (3) months only and shall not confer any right at the time of filling of the vacancy on regular basis. Therefore to ensure distribution of essential commodities to the cardholders, a shop gap arrangement shall be made for three (3) months only interms Clause XII of sub-clause vii and viii of Revised Guidelines for Selection and Appointment Etc, of Fair Price Shop Dealers under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, vide G.O.Ms.No.32, dated 03.12.2018. 14. Therefore to ensure distribution of essential commodities to the cardholders, a shop gap arrangement shall be made for three (3) months only interms Clause XII of sub-clause vii and viii of Revised Guidelines for Selection and Appointment Etc, of Fair Price Shop Dealers under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, vide G.O.Ms.No.32, dated 03.12.2018. 14. The 5th respondent is appointed as a temporary dealer in pursuance to Clause XII of Sub-Clause vii and viii of Revised Guidelines for Selection and Appointment Etc, of Fair Price Shop Dealers under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and it is only for the three (3) months, but the 5th respondent is continuing to run the shop without issuing any notification. 15. As the petitioner is claiming writ of mandamus to declare the action of the respondents in appointing the 5th respondent as a temporary dealer, but as per the Circular, the Dwacra Group is not entitled to apply for renewal of authorization since there is no nominee, if the President leaves or died and it will be notified as fresh one and therefore in the event of issuing notification, the petitioner is entitled to apply for allotment of shop to Dwacra Group as a fresh allotment, subject to the Revised Guidelines stated above but not entitled to claim renewal of the same authorization, in view of the circular referred above. As on date, the petitioner has no subsisting right in view of death of Ch.Vijaya Lakshmi more particularly in view of the clarification issued in Circular dated 27.04.2018. Therefore, the appointment of the 5th respondent as the distributor of essential commodities to the cardholders of Makenapalem Village, Mamidikuduru Mandal, East Godavari District, cannot be said to be illegal or arbitrary. 16. One of the major contention of the petitioner is that a notice as referred is to be issued, but no such notice is contemplated under the Act or under Control Order, 2018 and that the President of Dwacra Group leaves or died, nobody is entitled to run the shop and at best, they may apply for allotment of the shop whenever the shop is notified in terms of subject to Clause XII of Sub-Clause vii and viii of Revised Guidelines referred above. 17. 17. Hence, it is difficult to hold that the appointment of the 5th respondent is violative of principles of natural justice. Consequently, the petition is liable to be dismissed granting liberty to the petitioner to apply for allotment of shop in the event of issuance of any notification to fill the shop at Makenapalem Village, Mamidikuduru Mandal, East Godavari District and claim allotment interms of the guidelines referred above. 18. With the above direction, the writ petition is dismissed. No costs. 19. As a sequel, Interlocutory Applications pending, if any, shall stand closed.